An offender who claims to have committed drug offences under pressure falling short of duress bears the onus of proving that mitigating circumstance on the balance of probabilities. Where the offender does not give evidence at a trial of issues, the absence of direct evidence of a nexus between alleged threats or intimidation and the criminal conduct may constitute a crucial lacuna in the offender's case, such that the sentencing judge is not required to find the mitigating circumstance proved. A sentence of 12 years' imprisonment for attempted supply of approximately 5 kg of methylamphetamine at high purity (53-69%) by an offender above courier level is within the range open on a sound exercise of the sentencing discretion.
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